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(영문) 인천지방법원 2018.10.25 2018고단6248
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 24, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving C Mt Motor Vehicle while under the influence of alcohol concentration of 0.221% in blood on the Seo-gu Incheon Metropolitan City’s front road on July 24, 2018, and led C Mt Motor Vehicle to proceed to the direction of the IC in the steering direction of the stranding.

In such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes in a way that the driver of the vehicle well sees the steering room.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the operation system under the influence of alcohol while neglecting this, the Defendant received the part of the victim D(22 ) behind the E-Saa car, which was driven by the victim D(22 ).

Ultimately, the Defendant driven the said marina car in a situation where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim D, such as salt, tension, etc. in need of approximately three weeks of medical treatment.

2. On July 24, 2018, the Defendant driven a Cma business car under the influence of alcohol by 0.221% in the section of about 3km from around 49 meters to around the date, time, and place specified in paragraphs 1, from around 08:30, Incheon Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on actual condition, a report on the situation of the driver involved and a response to a request for appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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